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SILBRICO CORP. v. ORTIZ

No. 87-2230.

878 F.2d 333 (1989)

SILBRICO CORPORATION, an Illinois Corporation, Plaintiff/Counterdefendant-Appellee, v. Herman ORTIZ, Defendant/Counterplaintiff-Appellant.

United States Court of Appeals, Tenth Circuit.

June 23, 1989.

Attorney(s) appearing for the Case

Jonathan B. Sutin of Sutin, Thayer & Browne, Albuquerque, N.M., for plaintiff/counterdefendant-appellee.

Steven L. Tucker of Jones, Snead, Wertheim, Rodriquez & Wentworth, P.A., Santa Fe, N.M., for defendant/counterplaintiff-appellant.

Before HOLLOWAY, Chief Judge, WRIGHT and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiff-appellee Silbrico Corporation, as titleholder of a perlite processing mill, instituted this suit under 28 U.S.C. § 2201 seeking a declaratory judgment as to the legal effect of the mill's surface encroachment upon an unpatented lode mining claim owned by defendant-appellant Herman Ortiz. Ortiz counterclaimed pursuant to Fed.R.Civ.P. 13 alleging Silbrico's breach of a mining lease, forfeiture of the encroaching structure, and...

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